UK / EU residency card

[saraswati007 0]

Hello everyone... here in lovely ol' Blighty, packing up Keith's things and getting ready to head back to Boston. We took a brief side-trip to France last week, and the French immigration officer told me something helpful... that I wouldn't have to go through EU member nations immigration in the future if I got an EU residency card (or UK, i guess?) for spouses (I'm the USC).

Has anyone else done this? Do you go through the EU, or the UK -- how do you apply, and do you have to be living in the UK when you apply for it? We might someday relocated back to Europe, so having the card would be helpful...

Any thoughts would be well appreciated!

Thanks much.

[Boiler 46,322]

It is similar to obtaining residency in the US.

The Visa aspect is a lot quicker, see the UK Consulate web site when you are ready to move.

[Gemmie 142]

I think you need to be married and outside of the UK for 3 or 4 years and then you can be granted with a residency card, giving you rights to work and the NHS etc..

We're thinking of doing something similar in the future unless we just love it in the US.

[Jon&Lindsey 0]

I think you need to be married and outside of the UK for 3 or 4 years and then you can be granted with a residency card, giving you rights to work and the NHS etc..

We're thinking of doing something similar in the future unless we just love it in the US.

That would be awesome! We eventually aim to divide our time between the US and France (where my parents are moving to), so this would be really helpful.

[Boiler 46,322]

I think you need to be married and outside of the UK for 3 or 4 years and then you can be granted with a residency card, giving you rights to work and the NHS etc..

We're thinking of doing something similar in the future unless we just love it in the US.

That would be awesome! We eventually aim to divide our time between the US and France (where my parents are moving to), so this would be really helpful.

But the opposite of reality.

You need to move to the UK to obtain ILR status.

I believe that an accompanying spouse can get some sort of status in another EU country, what rights etc it gives you I do not know.

[VisaJourneyLady 33]

I think you need to be married and outside of the UK for 3 or 4 years and then you can be granted with a residency card, giving you rights to work and the NHS etc..

We're thinking of doing something similar in the future unless we just love it in the US.

That would be awesome! We eventually aim to divide our time between the US and France (where my parents are moving to), so this would be really helpful.

But the opposite of reality.

You need to move to the UK to obtain ILR status.

I believe that an accompanying spouse can get some sort of status in another EU country, what rights etc it gives you I do not know.

yes, boiler is correct. Sorry to burst any bubbles here, but the EU residency card is similar to the green card, in that you must be resident or intending to become resident in the UK to get one, and if you become resident somewhere else (or never take up residency in the UK) the border guards have the right to tell you that the residency card is invalid.

[saraswati007 0]

That makes sense - why would they grant you a residency card if not a resident?

But, still, it looks like a good deal. From what I understand, you need to be married to the UK resident for some 3 years (this part, I'm not 100% sure of). Then, if you want UK residency, you move to the UK or declare intention to move. You can then get the UK residency card, which also grants you travel and residency rights (not sure about health care) in other EU member nations.

The advantage is, I think, that you don't have to get the UK residency card... I believe you can apply for residency in any of the EU member nations, as long as both the USC and the UK citizen are going to be living there (ie, moving to France, etc.). So, you could get a French residency card, for example... which, in my book, seems better since that way you avoid the UK's new ID card system which just seems too Big-Brother to me.

Here's some more info I found:

http://www.ukba.homeoffice.gov.uk/ukresidency/

http://eumovement.wordpress.com/directive-200438ec/

We don't plan on leaving the US for at least 3-5 years, so we've got time. But if anyone can figure out how long you have to married before you apply for UK residency, that would be great to clarify.

I think you need to be married and outside of the UK for 3 or 4 years and then you can be granted with a residency card, giving you rights to work and the NHS etc..

We're thinking of doing something similar in the future unless we just love it in the US.

That would be awesome! We eventually aim to divide our time between the US and France (where my parents are moving to), so this would be really helpful.

But the opposite of reality.

You need to move to the UK to obtain ILR status.

I believe that an accompanying spouse can get some sort of status in another EU country, what rights etc it gives you I do not know.

yes, boiler is correct. Sorry to burst any bubbles here, but the EU residency card is similar to the green card, in that you must be resident or intending to become resident in the UK to get one, and if you become resident somewhere else (or never take up residency in the UK) the border guards have the right to tell you that the residency card is invalid.

[saraswati007 0]

This is from the UK Border Agency Website:

In some cases, we can give your husband, wife or civil partner permission to live permanently in the United Kingdom as soon as he/she arrives. To qualify for this, you must:

* have married or formed a civil partnership four years ago;

* have spent that four years living together outside the United Kingdom; and

* now be returning to the United Kingdom to settle here together.

[VisaJourneyLady 33]

The essential point that you're missing here, is that the residency card is for family members of EU citizens living in an EU country that is not their country of citizenship. If you are a UK citizen, then you must get a visa for your spouse in the regular way, first LLR (Limited Leave to Remain) followed by ILR (indefinate leave to remain). The EU rules only apply if you, as a UK citizen, want to live in an EU country, besides the UK, and your spouse to join you and be resident in the same country.

Furthermore, the EU directive is just that, a directive. It requires countries to allow EU citizens, who are excercising their freedom of movenment right, to have their family members come too. However it does not dictate specifics, so member countries interpret the rules their own way, and to fit in with their current immigration rules. As a result, the application for this in the UK has exactly the same requirements as a UK spousal visa, the difference being the EU family permit is free, and takes up to 6 months to process. Other countries have completely different requirements and furthermore, having the family permit for the UK, does not mean you can transfer it to any other EU country. You need to deal with the immigration requirements of what ever country you are moving to.

Edited November 17, 2008 by Poiteen

[saraswati007 0]

Thanks for the clarification -- I didn't really miss that point the first time around, though. The EU directive, when you can wade past the bureaucratese, is fairly clear on this -- that member nations can interpret the directive how and when they wish to. Also, the UK foreign office websites that I looked at are also clear, and they reiterate what you stated below.

It seems as if they key is, decide what EU member nation you want to live in, and then get ready to deal with officialdom within those borders.

Now, what does one do about getting EU citizenship for your child, if born in the US... but, don't worry, I'm not asking! We're not quite there yet!!!

The essential point that you're missing here, is that the residency card is for family members of EU citizens living in an EU country that is not their country of citizenship. If you are a UK citizen, then you must get a visa for your spouse in the regular way, first LLR (Limited Leave to Remain) followed by ILR (indefinate leave to remain). The EU rules only apply if you, as a UK citizen, want to live in an EU country, besides the UK, and your spouse to join you and be resident in the same country.

Furthermore, the EU directive is just that, a directive. It requires countries to allow EU citizens, who are excercising their freedom of movenment right, to have their family members come too. However it does not dictate specifics, so member countries interpret the rules their own way, and to fit in with their current immigration rules. As a result, the application for this in the UK has exactly the same requirements as a UK spousal visa, the difference being the EU family permit is free, and takes up to 6 months to process. Other countries have completely different requirements and furthermore, having the family permit for the UK, does not mean you can transfer it to any other EU country. You need to deal with the immigration requirements of what ever country you are moving to.

[Boiler 46,322]

Thanks for the clarification -- I didn't really miss that point the first time around, though. The EU directive, when you can wade past the bureaucratese, is fairly clear on this -- that member nations can interpret the directive how and when they wish to. Also, the UK foreign office websites that I looked at are also clear, and they reiterate what you stated below.

It seems as if they key is, decide what EU member nation you want to live in, and then get ready to deal with officialdom within those borders.

Now, what does one do about getting EU citizenship for your child, if born in the US... but, don't worry, I'm not asking! We're not quite there yet!!!

The essential point that you're missing here, is that the residency card is for family members of EU citizens living in an EU country that is not their country of citizenship. If you are a UK citizen, then you must get a visa for your spouse in the regular way, first LLR (Limited Leave to Remain) followed by ILR (indefinate leave to remain). The EU rules only apply if you, as a UK citizen, want to live in an EU country, besides the UK, and your spouse to join you and be resident in the same country.

Furthermore, the EU directive is just that, a directive. It requires countries to allow EU citizens, who are excercising their freedom of movenment right, to have their family members come too. However it does not dictate specifics, so member countries interpret the rules their own way, and to fit in with their current immigration rules. As a result, the application for this in the UK has exactly the same requirements as a UK spousal visa, the difference being the EU family permit is free, and takes up to 6 months to process. Other countries have completely different requirements and furthermore, having the family permit for the UK, does not mean you can transfer it to any other EU country. You need to deal with the immigration requirements of what ever country you are moving to.

Citizenship is a national thing, not EU.